REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E017 OF 2023
REPUBLIC …………………………………………………….…..PROSECUTOR
VERSUS
LIVINGSTONE KIMULWA………..………………..………….…1 ST ACCUSED
STEPHEN KIPRONO YEGO ALIAS FRANCIS KIPSAMBU…...2 ND ACCUSED
RULING ON BOND
1) These 2 accused persons are charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on 6/12/2025 at Kamailel Sub-Location Muchongoi Division they jointly with others not before court murdered Francis Kimosop. They pleaded not guilty to the joint charge on 6/5/2026. Bond was not objected to by the prosecution .
2) The 1 st accused had taken plea separately on 21/4/2025 and bond had been set at Ksh. 250,000/= with one surety of similar amount
3) The Bail Reports were filed later – For 1 st accused – on 5/5/2026 for 2 nd Accused on 2/6/2026.
4) For 1 st accused – The report raises the issue of the tribal tensions between the Pokots and the Tugens. It is indicated that the victim is Pokot, the accused Tugen – that the return of the accused to the area where the offence was allegedly committed could put the accused person’s life at risk.
5) This issue does not arise in the report for the 2 nd Accused.
6) The court is well aware that animosities may arise when a person is a accused of killing another from another community. However we must enable our communities to understand that criminal liability is personal – and that once an accused person is arrested and charged and certain things happen – the issue of due process comes into place as required by the Constitution of Kenya. He is presumed innocent until proven guilty, he is entitled to bond unless there are compelling reasons e.g. interference with the witnesses, risk to the victims, flight risk from the jurisdiction of the court, his own security etc. The prosecution did not have any of these compellable reasons and hence did not object to bond. Of course, the court cannot turn a blind eye to the concern of victims and local administration - They too have a role in this system – and the victims welfare and rights and the public interest must be considered.
7) In the circumstances and pursuant to Article 49(1) (h) of the Constitution, Section 123A of the criminal procedure code-
Bond is set at 250,000/= with surety of same amount each- the conditions :-
1. The accused persons are not to return to the location area where the offence was allegedly committed during the pendency of this matter.
2. The accused are to appear in court as and when required.
RULING dated, signed and delivered virtually at Kabarnet High Court this 12 th June 2026.
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi/Gladys
1 st Accused
2 nd Accused
Mr. Chebii for accused
Mr. Koech for state
RULING HCCRC NO. E017/2025 Page 4 of 4
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E017 OF 2023
REPUBLIC …………………………………………………….…..PROSECUTOR
VERSUS
LIVINGSTONE KIMULWA………..………………..………….…1 ST ACCUSED
STEPHEN KIPRONO YEGO ALIAS FRANCIS KIPSAMBU…...2 ND ACCUSED
RULING ON BOND
1) These 2 accused persons are charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on 6/12/2025 at Kamailel Sub-Location Muchongoi Division they jointly with others not before court murdered Francis Kimosop. They pleaded not guilty to the joint charge on 6/5/2026. Bond was not objected to by the prosecution .
2) The 1 st accused had taken plea separately on 21/4/2025 and bond had been set at Ksh. 250,000/= with one surety of similar amount
3) The Bail Reports were filed later – For 1 st accused – on 5/5/2026 for 2 nd Accused on 2/6/2026.
4) For 1 st accused – The report raises the issue of the tribal tensions between the Pokots and the Tugens. It is indicated that the victim is Pokot, the accused Tugen – that the return of the accused to the area where the offence was allegedly committed could put the accused person’s life at risk.
5) This issue does not arise in the report for the 2 nd Accused.
6) The court is well aware that animosities may arise when a person is a accused of killing another from another community. However we must enable our communities to understand that criminal liability is personal – and that once an accused person is arrested and charged and certain things happen – the issue of due process comes into place as required by the Constitution of Kenya. He is presumed innocent until proven guilty, he is entitled to bond unless there are compelling reasons e.g. interference with the witnesses, risk to the victims, flight risk from the jurisdiction of the court, his own security etc. The prosecution did not have any of these compellable reasons and hence did not object to bond. Of course, the court cannot turn a blind eye to the concern of victims and local administration - They too have a role in this system – and the victims welfare and rights and the public interest must be considered.
7) In the circumstances and pursuant to Article 49(1) (h) of the Constitution, Section 123A of the criminal procedure code-
Bond is set at 250,000/= with surety of same amount each- the conditions :-
1. The accused persons are not to return to the location area where the offence was allegedly committed during the pendency of this matter.
2. The accused are to appear in court as and when required.
RULING dated, signed and delivered virtually at Kabarnet High Court this 12 th June 2026.
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi/Gladys
1 st Accused
2 nd Accused
Mr. Chebii for accused
Mr. Koech for state
RULING HCCRC NO. E017/2025 Page 4 of 4